Family to appeal Smullen conviction
Relatives say killer should have been guilty of murder
The family of a Perth man who died after being knifed in the heart say they will launch an appeal against his killer’s culpable homicide conviction.
Relatives of Barry Dixon say Robbie Smullen, who was last week convicted of killing Barry, should have been found guilty of murder.
Smullen (23) had claimed the fatal injury was inflicted when Barry pulled a knife on him and they both “tripped and fell” during a struggle over the weapon.
But a jury at the High Court in Edinburgh rejected his defence of self-defence and returned a majority verdict of culpable homicide on Thursday.
His mother Mary Smullen (46) had been on trial alongside him, accused of pretending to police that Barry was stabbed by her son’s “on/off ” partner Shannon Beattie.
After her son gave evidence in his own defence, she pled guilty to attempting to pervert the course of justice.
They will be sentenced on April 16. Barry’s family have criticised the investigation into his killing and reckon more people were involved in a conspiracy to blame Shannon Beattie for the killing.
His aunt Jade Taylor also spoke of her pain at hearing a 999 call made after Barry was stabbed in court.
She said: “When I heard Barry screaming out in pain and fear in the background of this call, which lasted over five minutes, it was the worst trauma I’ve ever suffered.”
Jade said at that moment “I’d rather have been dead than think about the terror in Barry’s voice and it will never leave me”.
She added: “I’ve hardly slept since listening to the call and when I do, I have nightmares about what was happening to Barry during that call.”
Ms Beattie has also spoken out about her experience and said she feels responsible for Barry’s death.
Barry had gone back to the flat with Ms Beattie after a chance meeting and was wearing just his boxer shorts when Smullen returned.
Speaking to our sister paper The Sunday Mail, she revealed she was pregnant with Smullen’s child at the time but chose to have a termination. She also says she has been diagnosed with PTSD since the incident.
She added: “I’ll never be able to live with myself.
“I put these men into that situation, not intentionally, but it happened.
“I just feel my actions have let so many people down.
“I’ve let Robbie down by letting him ruin his life by bringing another man into the house. I’ve let Barry down and he is now in the ground because of me.
“I’ve let my family down, I’ve let Barry’s family down.
“I’ll never forgive myself.
“My heart goes out to Barry’s family. It was a situation I created but it wasn’t my intention for somebody to lose their life.
“I honestly didn’t arrange to meet up with Barry that night.
“I bumped into him by going to my friend’s house.
“It all happened unexpectedly. Barry and I were friends and we texted each other.
“He was always the one that was able to cheer everybody up.”
Speaking about Barry’s heartbroken family, she added: “If they were all in front of me in a line, I would apologise to each of them to their face.
“I want people to know how sorry I am for what happened. I never expected or wanted that to happen.
“I’ll never get over this as long as I live.”